Turnbaugh v. United States of America et al

Filing 18

ORDER ACCEPTING 16 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Plaintiff's claims under the Federal Tort Claims Act and against the Defendants in their official capacities under Bivens are DISMISSED WITHOUT PREJUDICE for want of jurisdiction. IT IS FURTHER ORDERED that Plaintiff's claims for violations under 28 U.S.C. § 3001, general civil rights violations, employment discrimination, and breach of contract and bre ach of duty are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff's Bivens claims against the Defendants in their individual capacities will be summarily DISMISSED WITHOUT PREJUDICE forfailure to state a claim unless Plaintiff files an Amended Complaint, limited to such claim, by November 22, 2017. (Ordered by Chief Judge Barbara M.G. Lynn on 10/30/2017) (rekc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KENT E. TURNBAUGH, #42450-037
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL NO. 3:17-CV-0719-M-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. No objections were filed, nor did Plaintiff seek to amend his Complaint after the
Findings, Conclusions and Recommendation were entered. However, on October 24, 2017,
Plaintiff filed a “Motion for Extension of Time to Answer with Amendments,” which this Court
construes as directed to Plaintiff repleading to attempt to allege a viable claim against
Defendants Hunter and Mejia, in their individual capacities, stemming from a delay of his second
cataract surgery.
The District Court reviewed the proposed Findings, Conclusions and Recommendation
for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge, except as slightly modified below.
IT IS THEREFORE ORDERED that Plaintiff’s claims under the Federal Tort Claims Act
and against the Defendants in their official capacities under Bivens are DISMISSED
WITHOUT PREJUDICE for want of jurisdiction, see FED. R. CIV. P. 12(h)(3).
IT IS FURTHER ORDERED that Plaintiff’s claims for violations under 28 U.S.C. §
3001, general civil rights violations, employment discrimination, and breach of contract and

breach of duty are DISMISSED WITH PREJUDICE as frivolous and for failure to state a
claim. See 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b).
IT IS FURTHER ORDERED that Plaintiff’s Bivens claims against the Defendants in
their individual capacities will be summarily DISMISSED WITHOUT PREJUDICE for
failure to state a claim unless Plaintiff files an Amended Complaint, limited to such claim, by
November 22, 2017.
SO ORDERED this 30th day of October, 2017.